IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION NO.7932 OF 2016 Between:
V.H. Kumar, S/o Late R.K. Channabasappa, Aged about 52 years, Residing at No.3245/2, 11th Main, M.C.C. “B” Block, Davanagere – 577 004, Prop. of Geethanjenya Motor. …Petitioner (By Shri. Gopal, Advocate) And:
1. State of Karnataka, By Channagiri Police Station, Davanagere District – 577 552.
Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru.
2. Dhananjaya Murthy, S/o Nagrajappa K.R., Aged about 41 years, Occupation: Bus Driver Of Tharala Baalu School, Resident of: Hireganguru Village, Channagiri Taluk, Davanagere District – 577 552. …Respondents (By Shri. Sandesh J Chouta, SPP – II for R1) ---
This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings pending on the file of Civil Judge (Jr.Dn.) and J.M.F.C., Channagiri, Davanagere District, in C.C.No.270/2016 (in Cr.No.194/2015) for the offence P/U/S 192(A)(2) of the Motor Vehicles Act and Sections 279, 337, 338, 304(A) of IPC.
This Petition coming on for admission this day, the Court made the following:-
O R D E R The petitioner is before this Court challenging the proceedings initiated against him for violation of Section 192-A of the Motor Vehicles Act, 1998. Admittedly, the petitioners’ bus was carrying passengers exceeding the permitted capacity. If this is admitted, the petitioner is straightaway liable for punishment and accordingly there is no warrant for interference. The petition is rejected.
Sd/- JUDGE ykl